Cookzy — Terms of Use
Terms and conditions for using our services. Last updated: 12-Jan-2024
Agreement
These terms and conditions ("Terms", "Agreement") are an agreement between Cookzy ("Cookzy", "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the Cookzy mobile application and any of its products or services (collectively, "Mobile Application" or "Services"). Cookzy operates the Mobile Application as an "intermediary" within the meaning of the Information Technology Act, 2000 — it lists independent cooks and helps you discover and contact them; it is not the provider of the cooking services themselves.
1. Accounts and membership
If you create an account in the Mobile Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and use our Services.
Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security.
We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill.
If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
2. Eligibility and your representations
To use the Cookzy Mobile Application or its Services, you represent and warrant that you are at least 18 years of age and competent to enter into a binding contract under the Indian Contract Act, 1872. The Services are not intended for persons below the age of 18.
If you access the Mobile Application on behalf of another person, household, or entity (for example, booking a cook for a parent or for the household you reside in), you further represent that you have full authority to bind that person, household, or entity to this Agreement, and "you" includes that person, household, or entity for all purposes of this Agreement.
You also represent and warrant that the information you provide (including your name, contact number, address, dietary or allergy information, and payment details) is accurate, current, and complete, and that you will keep it accurate, current, and complete during your use of the Services. We may rely on the information you provide for all communications, matching, billing, and dispute-resolution purposes.
3. User content, reviews, and ratings
We do not own any data, information or material ("Content") that you submit in the Cookzy Mobile Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.
We may monitor and review Content in the Cookzy Mobile Application submitted or created using our Services by you. Unless specifically permitted by you, your use of the Cookzy Mobile Application does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
But you grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you.
Any review, rating, photograph, or comment you post about a cook or about the Services must be truthful, based on your direct first-hand experience, and must not be defamatory, abusive, harassing, threatening, obscene, invasive of privacy, or otherwise unlawful. Cookzy acts as an intermediary in respect of such Content and does not endorse it. We may, in our sole discretion and without notice, remove, edit, decline to publish, or restore any such Content. You alone are responsible for any legal consequence (including any defamation, privacy, or labour-law claim) arising from Content you submit, and you indemnify Cookzy in respect of any such claim.
Without limiting any of the foregoing, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable.
4. Backups
We perform regular backups of the Content and will do our best to ensure completeness and accuracy of these backups. In the event of the hardware failure or data loss we will restore backups automatically to minimize the impact and downtime.
5. Service availability and modifications
The Mobile Application and its Services are provided on a continuing basis but availability is not guaranteed. We may at any time, with or without prior notice, suspend, withdraw, modify, restrict, or discontinue any part of the Services — including specific plans, features, geographies, prices, daily limits, or cook listings — for maintenance, security, regulatory, commercial, or technical reasons.
Where reasonably practicable, we will publish notice of planned downtime or material changes to the Services in the Mobile Application. We are not liable for any loss arising from unavailability, downtime, latency, or modifications to the Services, except to the extent such liability cannot be excluded under applicable law.
6. Links to other mobile applications
Although Cookzy Mobile Application may link to other mobile applications, we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked mobile application, unless specifically stated herein.
Some of the links in the Mobile Application may be "affiliate links". This means if you click on the link and purchase an item, Cookzy will receive an affiliate commission.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their mobile applications. We do not assume any responsibility or liability for the actions, products, services, and content of any other third-parties.
You should carefully review the legal statements and other conditions of use of any mobile application which you access through a link from this Mobile Application. Your linking to any other off-site mobile applications is at your own risk.
7. Prohibited uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Cookzy Mobile Application or its Content:
- (a) for any unlawful purpose;
- (b) to solicit others to perform or participate in any unlawful acts;
- (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- (f) to submit false or misleading information;
- (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related mobile application, other mobile applications, or the Internet;
- (h) to collect or track the personal information of others;
- (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
- (j) for any obscene or immoral purpose;
- (k) to interfere with or circumvent the security features of the Service or any related mobile application, other mobile applications, or the Internet;
- (l) to circumvent or bypass any plan, fee, daily call limit, or geographic limit (for example, by creating multiple or fake accounts, sharing accounts, automating contact requests, or using the Mobile Application from outside its supported regions); or
- (m) to copy, store, redistribute, publish, sell, or commercially exploit any cook profile, contact detail, photograph, or listing obtained through the Mobile Application, or to introduce, refer, or transfer any cook listed on the Mobile Application to any competing service or directory.
We reserve the right to terminate your use of the Service or any related mobile application for violating any of the prohibited uses, and to seek any other remedy available to us in law or equity.
8. Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Cookzy or third-parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Cookzy.
All trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services, are trademarks or registered trademarks of Cookzy or Cookzy licensors. Other trademarks, service marks, graphics and logos used in connection with our Mobile Application or Services may be the trademarks of other third-parties.
Your use of our Mobile Application and Services grants you no right or license to reproduce or otherwise use any Cookzy or third-party trademarks.
If you provide us with any suggestions, ideas, feedback, feature requests, or proposed improvements relating to the Mobile Application or Services ("Feedback"), you agree that the Feedback is non-confidential and you grant us a perpetual, irrevocable, royalty-free, worldwide, sub-licensable licence to use, copy, modify, publish, and incorporate the Feedback into the Services and our business without any obligation, attribution, or compensation to you.
9. Disclaimer of warranties
To the fullest extent permitted by applicable law, the Cookzy Mobile Application, the Services, the cook listings, and all content, information, badges, ratings, and recommendations made available through them are provided "as is" and "as available", without any warranty, representation, condition, or guarantee of any kind, whether express, implied, statutory, or otherwise.
Cookzy specifically disclaims, to the maximum extent permitted by law, all implied warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, completeness, currency, non-infringement, and uninterrupted, error-free, secure, or virus-free operation. We do not represent or warrant that any cook listed on the Mobile Application will accept your engagement, attend on the agreed schedule, perform satisfactorily, remain available for any period, or meet any specific dietary, religious, hygiene, or quality requirement of yours.
No advice or information, whether oral or written, that you obtain from Cookzy or through the Services creates any warranty not expressly stated in this Agreement.
10. Limitation of liability
To the fullest extent permitted by applicable law, in no event will Cookzy, its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for:
- (a) any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if Cookzy has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of Cookzy and its affiliates, officers, employees, agents, suppliers and licensors, relating to the Services will be limited to an amount equal to the greater of ₹100 (Indian Rupees One Hundred) or the amounts actually paid by you to Cookzy in the one (1) month period immediately preceding the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
11. Indemnification
You agree to indemnify, defend, and hold Cookzy and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to (a) your Content; (b) your use of the Cookzy Mobile Application or Services; (c) your engagement of, or dealings with, any cook listed on the Mobile Application; (d) your breach of this Agreement or any policy referenced in it; or (e) your willful misconduct, gross negligence, or violation of applicable law.
12. Fees
Service fees (including but not limited to activation fees, trial fees, cancellation fees, and reschedule fees) are published in the applicable plan description and at checkout. All fees are GST-inclusive.
For Trial & Hire services: if a cook you hired does not start working (rejects the job post-trial), the next trial's service fee is waived and you pay only the cook trial fee. This discount is the sole remedy available — the previous trial fee is not refunded. Full details are in our Refund Policy.
13. Payments & data sharing
Your name, contact information, and transaction details are shared with Razorpay Payments Pvt. Ltd. to process payments. By proceeding with any payment on the Cookzy Mobile Application, you consent to this data sharing as required to complete the transaction. For all other handling of your personal data, please refer to our Privacy Policy.
Any non-cash remedy described in the applicable plan or refund policy is provided only as future in-app service entitlement. No refund is made to your bank account, card, or original payment method. Full details are in our Refund Policy.
14. Independent cooks and direct dealings
Cooks listed on the Cookzy Mobile Application are independent service providers. They are not employees, agents, partners, franchisees, or representatives of Cookzy, and Cookzy does not direct, supervise, or control the cooking services they provide to you.
For any plan that gives you direct access to cook contact details (including, without limitation, the Database, Basic, and Assurance plans), all hiring decisions, scope of work, schedule, salary, advance payments, security deposits, bonuses, tips, and any other consideration are agreed and exchanged directly between you and the cook. Cookzy does not collect, hold, escrow, route, guarantee, or process any such payment, and is not a party to that arrangement.
Before you call a cook, the Mobile Application displays the following advisory: "IMPORTANT: Pay advance to the cooks at your own discretion and risk." By calling a cook and proceeding to engage their services, you acknowledge this advisory and accept that any advance, deposit, or salary paid to a cook is at your sole risk.
To the fullest extent permitted by applicable law, Cookzy shall not be liable for, and you agree to release Cookzy from, any claim, demand, or loss arising out of or relating to:
- (a) any advance, deposit, salary, or other amount paid by you directly to a cook, including non-refund, misappropriation, or non-performance after such payment;
- (b) any failure by a cook to commence work, complete agreed services, attend on the agreed schedule, serve a notice period, or meet quality expectations;
- (c) any dispute over wages, leave, replacement, food preferences, or other terms negotiated directly with the cook;
- (d) any loss, damage, theft, injury, or misconduct caused by a cook at your premises; or
- (e) any income tax, professional tax, ESI, PF, gratuity, or other statutory liability associated with engaging a cook directly.
This Section 14 does not apply to amounts you pay to Cookzy through the Mobile Application under the Trial & Hire plan (such as activation, trial, cancellation, or reschedule fees). Those amounts are governed by Section 12 (Fees) and our Refund Policy.
Reporting a cook
If a cook you contacted through the Mobile Application has taken an advance and refused to work, behaved improperly, or otherwise breached the arrangement you made with them, you may report the cook to us at contact@cookzy.in. We may, at our sole discretion and without any obligation to do so, review the report and take action such as warning, restricting, or removing the cook from the Mobile Application.
Reporting a cook to Cookzy does not entitle you to a refund of amounts paid directly to the cook, and does not transfer the cook's obligations to Cookzy. Recovery of advances paid to a cook is a matter between you and the cook, and you may pursue available legal remedies (including civil claims and, where applicable, complaints to the local police) directly against the cook.
To reduce risk, we recommend that you (i) avoid paying large advances before the cook has commenced work, (ii) keep written records (including chats and receipts) of any amount paid and any commitment given by the cook, and (iii) verify the cook's identity documents before transferring money.
15. Background checks, food safety, and on-premise services
Identity and background verification
Where we display verification badges, document checks, or similar indicators against a cook's profile, those indicators reflect only the limited information made available to Cookzy at the time of listing (for example, a self-declared identity document or address). They are not a comprehensive criminal, financial, employment, medical, immigration, or character background check. We do not represent that any cook is fit, safe, or trustworthy to admit into your home, and we do not guarantee the accuracy, completeness, or currency of any verification indicator.
You are solely responsible for satisfying yourself, before engaging any cook, of their identity, antecedents, and suitability for the work and the household environment. We strongly recommend that you verify a government-issued photo identity document on the cook's first visit and retain a copy for your records.
Food safety, hygiene, and dietary requirements
Cooks prepare food at your discretion using ingredients, utensils, and equipment that you typically provide. Cookzy is not a food business operator within the meaning of the Food Safety and Standards Act, 2006, does not procure, supply, store, or transport food, and does not control any cook's preparation, storage, or hygiene practices.
You are responsible for informing the cook of any allergies, food intolerances, dietary restrictions, religious or cultural food preferences, and special instructions for any person who will consume the food prepared. Cookzy shall not be liable for any food-borne illness, allergic reaction, contamination, spoilage, or dietary non-compliance arising from food prepared by a cook engaged through the Mobile Application.
On-premise services and household property
Cooks engaged through the Mobile Application typically perform services at your premises. You are responsible for the safety and condition of those premises, for safeguarding cash, jewellery, and valuables, for supervision of minors, elderly persons, and pets, and for any insurance you consider appropriate. Cookzy shall not be liable for theft, loss, breakage, accident, injury, or property damage occurring at your premises in connection with a cook's engagement, except to the extent such liability cannot be excluded under applicable law.
16. Force majeure
Cookzy shall not be liable for any failure or delay in performing its obligations under this Agreement to the extent such failure or delay is caused by circumstances beyond its reasonable control, including but not limited to acts of God, fire, flood, earthquake, epidemic or pandemic, war, riot, civil unrest, strikes, terrorist activity, government action, regulatory change, network or power failure, denial-of-service attack, or failure of third-party telecommunications, hosting, identity-verification, or payment infrastructure. We will resume performance as soon as reasonably practicable once the cause is removed.
17. Termination
You may close your Cookzy account at any time by writing to contact@cookzy.in. Closure becomes effective once we acknowledge it and complete any verification we consider necessary. On closure, any unused, non-refundable balance, plan validity, in-app credit, or feature entitlement will lapse and is not exchangeable for cash.
We may suspend or terminate your access to the Mobile Application, with or without notice, if (a) you breach this Agreement or any policy referenced in it, (b) we are required to do so by law or by any regulator, court, or law-enforcement authority, (c) your continued use of the Services exposes Cookzy or any cook to legal, security, financial, or reputational risk, (d) we discontinue the Services or the relevant plan, or (e) your account remains inactive for twelve (12) consecutive months.
On termination, your right to access the Mobile Application ends immediately. Sections that by their nature should survive termination — including Sections 3 (User content, reviews, and ratings), 8 (Intellectual property rights), 9 (Disclaimer of warranties), 10 (Limitation of liability), 11 (Indemnification), 12 (Fees), 14 (Independent cooks and direct dealings), 15 (Background checks, food safety, and on-premise services), 18 (Severability), 19 (Dispute resolution), and 23 (Miscellaneous) — shall survive termination.
18. Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable.
If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
19. Dispute resolution
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Rajasthan, India without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of India.
The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Rajasthan, India, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Before initiating any formal legal proceeding, you agree to first raise the dispute in writing with our Grievance Officer (Section 20) and to allow us at least thirty (30) days to attempt resolution in good faith. This pre-litigation step does not limit your statutory right to approach a Consumer Disputes Redressal Commission under the Consumer Protection Act, 2019.
20. Grievance Officer
In accordance with the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the Grievance Officer for the Cookzy Mobile Application is:
- Name: Palkesh Jain
- Designation: Grievance Officer, Cookzy
- Email: contact@cookzy.in (please use the subject line "Grievance")
- Postal address: Cookzy, Rajasthan, India
Complaints relating to content on the Mobile Application, breach of this Agreement, suspension or removal of your account, or violation of your rights under applicable law may be sent to the Grievance Officer. We will acknowledge receipt of a complaint within twenty-four (24) hours and dispose of it within fifteen (15) days from the date of receipt, in line with applicable rules.
21. Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Cookzy Mobile Application or Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application.
When we do, we will revise the "Last updated" date at the top of this page. For changes that materially affect your rights — including changes to fees, refund eligibility, the limitation of liability, dispute resolution, or how your personal data is processed — we will additionally provide reasonable advance notice in the Mobile Application or by email to your registered email address. Your continued use of the Mobile Application after the effective date of any such change shall constitute your acceptance of the change.
22. Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By using the Cookzy Mobile Application or its Services you agree to be bound by this Agreement.
If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Cookzy Mobile Application and its Services.
23. Miscellaneous
Notices
Any notice we are required to send to you under this Agreement may be sent to the email address or phone number registered with your account, or posted as an in-app notice within the Mobile Application, and will be deemed received on the same day. Notices to Cookzy must be sent to contact@cookzy.in and will be deemed received only upon our written acknowledgement.
Assignment
You may not assign or transfer your rights or obligations under this Agreement, in whole or in part, without our prior written consent. Cookzy may freely assign or transfer its rights and obligations under this Agreement, including in connection with a merger, acquisition, reorganisation, financing, or sale of all or part of its assets, without your consent and without notice.
Entire agreement
This Agreement, together with the documents it incorporates by reference (including the Refund Policy and the Privacy Policy) and the plan terms and disclosures displayed in the Mobile Application at the time of purchase, constitutes the entire agreement between you and Cookzy and supersedes any prior agreement, representation, statement, or understanding, whether oral or written, on the subject matter.
No waiver
Our failure or delay in enforcing any provision of this Agreement is not a waiver of that or any other provision, and does not prevent us from enforcing it later. Any waiver must be in writing and signed by an authorised representative of Cookzy to be effective.
No third-party beneficiaries
This Agreement is between you and Cookzy. No other person or entity (including any cook listed on the Mobile Application) is entitled to enforce any provision of this Agreement.
Headings and interpretation
Section titles are for convenience only and do not affect the interpretation of this Agreement. References to a "Section" are to a section of this Agreement unless otherwise stated. The English version of this Agreement controls in the event of any inconsistency with a translation.
24. Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, please reach out: